General Provisions.

Austin City Code tit. 5, ch. 5-1, art. 3, div. 1

in effect

Austin City Code § 5-1-131 DEFINITIONS.

§ 5-1-131 - DEFINITIONS. In this article: (1) ACCESSIBLE ROUTE has the meaning prescribed by Article 1 (Uniform Building Code) of Chapter 25-12 of the Code. (2) FIRST STORY has the meaning prescribed by Article 1 (Uniform Building Code) of Chapter 25-12 of the Code. (3) HABITABLE SPACE has the meaning prescribed by Article 1 (Uniform Building Code) of Chapter 25-12 of the Code. (4) RAMP has the meaning prescribed by Article 11 (Residential Code) of Chapter 25-12 of the Code. (5) SITE TEST has the meaning prescribed by the Individual Building Test or Site Analysis Test established in Chapter 1 of the United States Department of Housing and Urban Development Fair Housing Act Design Manual. Source: Ord. 040115-45; Ord. 040610-7.

Austin City Code § 5-1-132 APPLICABILITY.

§ 5-1-132 - APPLICABILITY. (A) Except as otherwise provided in this section, this article applies to the new construction of a single-family dwelling, duplex, and triplex after the effective date of this article that is funded with financial assistance from the City. (B) This article does not apply to an application for financial assistance from the City on a dwelling structure for which a certificate of occupancy has been issued under the Building Code. (C) City financial assistance covered by this article includes: (1) a building contract or similar contractual agreement involving a City-funded program or fund, including the Austin Housing Finance Corporation, or a similar program; (2) a real estate purchase, lease, or donation by the City or its agents; (3) preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages from the City or its agents; (4) disbursement of federal or state construction funds including a Community Development Block Grant; or (5) a City contract to provide funding or a financial benefit for housing. Source: 1992 Code Section 7-1-171; Ord. 031106-12; Ord. 031211-11; Ord. 040115-45; Ord. 040610-7.

Austin City Code § 5-1-133 WAIVER OF EXTERIOR ACCESSIBILITY REGULATIONS.

§ 5-1-133 - WAIVER OF EXTERIOR ACCESSIBILITY REGULATIONS. (A) The building official may waive the requirements of Section 5-1-141 (Building Entrances) for a site or lot, as applicable, if the applicant files a written waiver application that demonstrates that: (1) the topography of the site meets the site test; or (2) the lot: (a) is located in a National Register Historic District; (b) has an area of 3,600 square feet or less; and (c) has a 10 percent or greater slope from the public right-of-way to the entrance. (B) The building official or the council, as applicable, may waive the requirements of Section 5-1-141 (Building Entrances) in accordance with this subsection. (1) For a lot to be eligible for a waiver, the applicant must file a written application that demonstrate that: (a) the lot has an area of 3,960 square feet or less; (b) the lot is a corner lot or adjacent to a corner lot; (c) the access to the lot's required off-street parking is from a rear alley; and (d) the portion of the alley adjacent to the lot has a slope of 10 percent or more. (2) The building official may grant a waiver after determining that the requirements of Paragraph (1) are met. The building official may not grant waivers to more than five percent of the lots in a subdivision. (3) The applicant or a person interested in the application who files written comments under Subsection (D) may appeal the decision of the building official to council. (4) The council may grant waivers to more than five percent of the lots in a subdivision after determining that the requirements of Paragraph (1) are met. (C) A person requesting a waiver under this section must file an application with the building official and deliver a copy to the community development officer, including the documents necessary to demonstrate the applicant's eligibility for the waiver. The community development officer shall give notice of the waiver request to all persons interested in the application who file written comments under Subsection (D) not later than the 10th day after the date the application is filed. (D) A person interested in the application may file written comments relating to a waiver application with the building official and the community development officer, not later than the 20th day after the date the application is filed. (E) The building official shall, not later than the 25th day after the date the application is filed: (1) make a decision on the application; and (2) if the waiver is granted, issue a written waiver to the applicant. (F) The community development officer shall mail notice of the building official's decision to the applicant, persons interested in the application who have filed written comments under Subsection (D), the Community Development Commission, and the Mayor's Committee for People with Disabilities. Source: Ord. 20050623-134.

Austin City Code § 5-1-134 APPEAL.

§ 5-1-134 - APPEAL. (A) An applicant for an exterior disability accessibility waiver or a person interested in the application who submits written comments under Section 5-1-133(D) (Waiver of Exterior Accessibility Regulations) may appeal a decision of the building official under Section 5-1-133(A) (Waiver of Exterior Accessibility Regulations) by filing a written appeal with the building official not later than the 20th day after notice of the decision is mailed. (B) The building official shall forward a copy of the appeal to the Building and Fire Code Board and request a hearing and action on the appeal at the next available Building and Fire Code Board meeting. The building official shall send written notice of the date of the hearing to the appellant and each person interested in the application who submits written comments under Section 5-1-133(D) (Waiver of Exterior Accessibility Regulations) not later than the 10th day before the Building and Fire Code Board meeting. (C) The building official shall mail notice of the decision of the Building and Fire Code Board to the applicant and each person interested in the application who submits written comments under Section 5-1-133(D) (Waiver of Exterior Accessibility Regulations) not later than the 10th day after the Building and Fire Code Board makes its decision. Source: 1992 Code Section 7-1-173; Ord. 031106-12; Ord. 031211-11; Ord. 040115-45; Ord. 040610-7; Ord. 20050623-134.

Austin City Code § 5-1-135 MONITORING REQUIRED.

§ 5-1-135 - MONITORING REQUIRED. The city manager shall monitor the administration of this article. Source: 1992 Code Section 7-1-174; Ord. 031106-12; Ord. 031211-11; Ord. 040115-45; Ord. 040610-7.

Austin City Code § 5-1-136 NOTICE REQUIREMENTS.

§ 5-1-136 - NOTICE REQUIREMENTS. (A) The community development officer shall send notice to an applicant for an exterior disability waiver and each person who submits written comment under Section 5-1-133 (Waiver of Exterior Accessibility Regulations) about a decision by the building official or the Building and Fire Code Board not later than the 10th day after: (1) a determination by the building official under Section 5-1-133 (Waiver of Exterior Accessibility Regulations); or (2) a determination by the Building and Fire Code Board under Section 5-1-134 (Appeal). (B) The community development officer shall send the Community Development Commission and Mayor's Committee for People with Disabilities monthly notice of any pending or approved exterior disability waiver determinations made by the building official under Section 5-1-133 (Waiver of Exterior Accessibility Regulations) or the Building and Fire Code Board under Section 5-1-134 (Appeal) during the preceding month. Source: Ord. 040115-45; Ord. 040610-7.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT5CIRI_CH5-1HODI_ART3ACHOCOPUFU_DIV1GEPRFetched: 10/27/2026